1. Grand Theft is defined under Penal Code Section 487(a) and the unlawful taking of someone else’s property. Grand Theft is one of the most commonly charged offenses because it happens so often. The amount taken must be $950 or more. If it is less than $950 then it is a petty theft under Penal Code section 484(a).


2. Grand Theft is a wobbler, which means it can be charged as a misdemeanor or as a felony. It is in the prosecutor’s discretion to file it as a misdemeanor or felony, but the good news is that the Judge can reduce it from a felony to a misdemeanor under his own powers. The Judge will look at a defendant’s criminal record, the circumstances of the case, and other factors to determine if this reduction is warranted. A good attorney can make all the difference.


3. There are Defenses for the charge of Grand Theft which include:


• No Intent - You must have the intent to deprive someone of their property. If you accidentally or unknowingly took someone else property that can be a defense that can help you win your case.


• Your Own Property - The alleged theft must be of another’s property, not your own. If the prosecutor cannot prove that it wasn’t your property (sorry for the double negative here), then you win the case!


• Consent - is a defense to theft. If the owner said it was okay to take a piece of property, then you are not guilty of theft.


• Not enough proof - Remember, in a criminal case, the prosecution has the burden of proving you guilty beyond a reasonable doubt. The beyond a reasonable double standard, or BARD, is a very high legal standard. They might not have enough proof of that you took something, and if they cannot prove it by BARD, then you are not guilty.


4. Grand Theft (PC 487(a)) or Petty Theft (PC 484(a)) is very similar to Commercial Burglary, PC 459, which is burglary in the second degree. The main difference is that burglary requires going into some commercial establishment, like a grocery store or department store, whereas grand theft can take place anywhere.


5. Examples of Theft are as follows:


• I walk into a store and take items without paying for them, then walk out.


• There is a box-full of cash in my roommate’s closet, and I take some of it.


• I’m a Cashier at Walmart and take money from the register, or pocket money that should go into the register.


• I work at a Jewelry store and take some Jewelry to use for tonight, intending to return in next week. Even though I intended to return it, I didn’t have authorization to take it in the first place, so I can be charged with theft.
6. One way to win your theft case is to make a civil compromise; that means to pay back the money that you took in exchange for a dismissal of the case. A good attorney can help you do that. Another way to negotiate a great deal, is to agree to pay restitution. Many times the victim only wants their money back. In other words, pay the amount of loss that the victim suffered. I’ve gotten many cases dismissed or reduced to misdemeanors by negotiating restitution. Start saving your money! I recently had a case where the Grand Theft was over $18,000. It was charged as a felony. Eventually, I had my client’s case reduced to a misdemeanor because he was able to pay back the money before he entered into a plea bargain.


7. You can get your case reduced under PC 1001.94, the deferral of sentencing pilot program, if you’ve never been convicted of a misdemeanor before. This is often the easiest way to case your case dismissed. I’ve done it many times!


8. Another way to get your case dismissed is by what’s called formal diversion. In formal diversion, you plead no contest to the charge, but you are not sentenced. Rather, the sentencing is deferred for a period of time, usually a year, until you meet certain conditions such as paying back the money or doing community service, and not getting arrested. Once the year is up, your no contest plea will be withdrawn, and your case will be dismissed. Hooray!


9. Don’t mistake Grand Theft with Robbery under PC 211. Robbery is a much more serious crime which involves the taking of property by force or fear. For example, if I snatch a purse off of someone’s shoulder, or threaten them with a knife or gun, that is robbery. Theft does not involve force or fear. Be grateful you are not being charged with Robbery, which is a strike and is mandatory prison time. Whooo!


10. Grand theft and petty theft are what are known as crimes of moral turpitude. In other words, they are crimes involving dishonest and if you are convicted of these crimes, you can will be considered to have a “readiness to do evil.” There are many negative life and immigration consequences that can flow from this, and your credibility can be tarnished for future courtroom proceedings.


11. Grand theft is also commonly charged as second degree Commercial Burglary, PC 459. The difference is that commercial burglary usually takes place at a store or other commercial place. For instance, if you enter a Walmart with the intent to take property, and then walk out with merchandise without paying, you can be charged with Commercial Burglary under PC 459.

Penal Code 459 PC reads: “Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel...with intent to commit grand, petty larceny or any felony is guilty of burglary.”

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DISCLAIMER:

This website is specific to general guidelines pertaining to criminal justice, criminal defense, domestic disputes, sex offender law, violent crimes, white collar crimes, or other legal criminal defense. Any information set forth in this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results portrayed here were dependent on the facts of that case and the results will differ from case to case. Please contact a Criminal Justice Lawyer, Criminal Defense Attorney, Sex Offender Attorney, Domestic Dispute Lawyer, Violent Crime Attorney, or White Collar Attorney. Nothing herein is intended to nor constitutes a guarantee, warranty or prediction regarding the outcome of your legal matter. Every case is different and outcomes will vary depending on the unique facts and legal issues of your case.